Billy Abraham trial: Prosecutors question witness' story

The trial of local businessman William D. "Billy" Abraham (fourth from left standing) continued Wednesday and the prosecution called Juan Antonio Milton Martinez back to the stand. Abraham's defense lawyer, Dick DeGuerin, (second from left) along with Abraham stand and look over Brent Mayr's shoulder as the court waited for an interpreter for the trial to continue during day three of Abraham's intoxication manslaughter trial. (Ruben R. Ramirez / El Paso Times)

Prosecutors questioned if a key witness in the trial of local businessman William D. "Billy" Abraham changed his story weeks after he spoke to police on Wednesday.

But Abraham's defense lawyers argued that the statement to police was not translated properly.

Abraham is charged with intoxicated manslaughter in connection with Jim Grady's death in 2010. Abraham is also charged with accident involving serious injury or death.

The case is being heard in the 348th District Court with Judge Patrick Garcia.

Assistant District Attorney Denise Butterworth recalled Juan Antonio Milton Martinez to the stand on Wednesday. Martinez testified on Monday that Grady, 47, jumped in front of Abraham's truck like he was trying to committee suicide in July 2010.

But on Wednesday, Butterworth played a video of Martinez's statement, in Spanish, on the night of the accident. She also read the statement to the court in English.

"He crossed at the moment the truck was coming because he did not see it coming," Butterworth read.

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Dick DeGuerin, Abraham's defense attorney, said he had a different translation for what Martinez said in the video. He handed the translation to the jurors as the video played.

DeGuerin also introduced a statement that his investigator got from Martinez about three weeks after the accident happened.

"It seemed that the pedestrian tried to committee suicide because of the way he jumped when the truck went by," Martinez said in the statement. "It seemed that the gentleman was very drunk because of the way he was swaying from side to side."

The state later rested its case, but first requested that the jury be taken to the scene of the accident at Paisano Drive and El Paso Street at night so it can see the night conditions.

DeGuerin said the lighting conditions are not the same as when the accident happened and it would mislead the jury because there is more light right now.

Instead, DeGuerin said he wants the jury to be taken to the scene during the day so it can take note of the distances between the median, the area where Grady was hit and the crosswalk.

Garcia said he will consider the "field trip." The trial resumes today.